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PROCEEDINGS 



BENCH AND BAR OF NEW JERSEY 



DEATH 



HON. GARRET D. WALL. 



JSiirlinaton : 

rEINTED BV S. C. ATKINSON, 



1851. 



•Vis 



PllOCEEDLXGS OF THE BURLINGTON COUHT. 



At the opening of tlie several Courts of the County of 
Burlington, on Saturday morning the 23d of November, the 
death of the Hon. Garret D. Wall was announced by John 
C. Ten Eyck, Esq. who moved the adjoinimient of the 
Courts. Mr. Ten Eyck said — 

May it please your Honors — I hardly know why it is tiiat 
/have been selected to perform this, one of the saddest acts 
of my professional life. Since the last adjournment of this 
Court, the head, the father, the patriarch of our little bar, if 
not of the bar of the State, has fallen. Garret D. Wall 
died last night, at his residence, in the city of Burlington, 
"full of years and of iionors." 

His voice, so cheering in the social circle, so frank and 
kindly in his daily intercourse, so familiar to our halls of 
state and justice, — his voice, that has so often filled this very 
room with eloquence and wisdom, is hushed and mute in 
death! His manly form, once erect and dignified, and al- 
ways winning — that filled us all with joy at his approach, 
now lowly lies, heavy and cold and still. His sun has gone 
down forever ! and may I not say, with it has set the sun 
and centre of our own afflicted brotherhood. 

His course has been long, and useful, and honorable. He 
was not perfect ; no man is perfect ; but he was a pure pa- 
triot, a true Jerseyman, an able statesman, a sound lawyer, 
and a finished gentleman. 

Before I came to the bar, his fame had reached its height ; 
with Stockton and Ewing, and Grillith and Southard, and 
Hornblower and Frelinghuysen, and Scott and Wood and 
Williamson, he was esteemed amongst the "noblest of them 
all." You wlio arc older must speak of this; since Ihcn, I 



have Iciiown liiai personally, and may I not venture to say, 
for a part of the time, quite intimately. He was a sound 
lawyer — he was a great lawyer; he loved his profession, he 
gloried in it, — verily he has been identified with the Courts 
and jurisprudence of the State for the last fifty years. At 
the bar of the Supreme Court, he was dignified, strong and 
clear: look to the depositories of the common law — the books 
of reports ; trace back their pages for the last half century, 
and you will find them illumined with his wisdom, — his 
extensive learning. At the Circuit he was perhaps without 
a rival, his strong good sense, his kiiowledge of men, his 
care in preparing cases, his resources at the trial, liis skill at 
an examination — at cross-examination in particular, his 
powers of argument — all rendered him eminently successful ; 
and although in debate he may not have used the graceful 
scimetar of Saladin, he wielded, with crushing force, the 
battle-axe of Richard. His knowledge of the law was most 
extensive — and in all its branches, this, with his extraordi- 
nary memory, made him always ready, suitable and apt. 
He needed no book of texts to aid his memory. He was 
thoroughly imbued and indoctrinated in the law. He was 
familiar. with all the leading principles; and his enlarged 
capacity, and good judgment, always taught him how to ap- 
ply them rightly. Yet, he was not heedless of authorities ; 
the exhausted candle-wick, and his office floor encumbered 
with books, often told in the morning of the labors of the 
night. 

His acquaintance with the practice was astonishing. He 
was rarely at fault. Did circumstances require, he was able 
to frame, without precedent, pleadings the most difiicult and 
special ; and yet, well settled forms he held in veneration. 
He was open, frank and fair, despising all trick, chicanery 
and quibble. 

He was a noble hearted gentleman. He knew the art of 
true politeness — of making others happy. He strove to 
please. It was not a selfish policy. It sprang fresh and 



warm from his heart. He was generous, kind and good, 
faithful and true, to all. But in his character there was one 
peculiar trait, of which, pray let me speak. He was the 
friend of youth — the young men of the day, especially the 
young men of his own protession ; there are lawyers at our 
bar, and not a few, who can ascribe, in some degree, their 
good success, to his encouragement. I appeal to you, who 
hear me now, is it not true ? 1 knoio it to be true — (Bear 
with me — pardon this weakness) — why, Sir, he was my 
friend! Did he not help to raise me up? — if I 6e, at all, 
raised up. Did he not help to place me on my feet, and 
counsel my advance ? Did he not, unasked, as well as un- 
expected, procure for me preferments, and that from powers 
too, diflering from me in creed ? No narrow prejudice ivas 
his. 

Thursday, in the term of May, eighteen hundred and 
thirty-five, is a day never to be effaced from my memory. I 
had just taken the oath, "well and faithfully to demean my- 
self in my profession." I was standing by the little old fa- 
shioned Franklin stove, just outside the circular bar or rail- 
ing, in the old chamber of the Supreme Court, (your Honor 
may yet remember how it was,) I was standing there, 
thoughtful, uncertain what to do, compelled to move — igno- 
rant where to go — with few friends of influence, to counsel 
and assist me : about to launch my bark upon the waves of 
a profession, in whose "troubled waters" many a strong 
swimmer had sunk to rise no more ; just then, well do I re- 
member the winning smile with which he unexpectedly ap- 
proached me, and in his own peculiar careless way — when 
about to do a favor — said, (taking my hand) " I wish you 
to come to my oflice, and share my business with me." 
Oh ! Sir, the joy that filled my soul ! If the proprieties of 
the place had permitted, I could have hugged him to my 
heart. It is as deep in my memory yet, as if written with 
"a pen of fire." It is as vivid now, before me, as if an an- 
gel's hand had drawn the lineaments. I went ; he aided 



6 

and advised me, until in after years we, in iViendsliip, severed 
the relation. May I not then be excused in these personal 
remarks ? May I not invite those who have shared with 
me, in his kindness, to unite with me, in offering the sweet 
incense of our gratitude — our tribute to his memory, ere his 
honored ashes are borne away, forever, from our eyes? May 
I not be permitted, even in this public way, to give utter- 
ance to these, the feelings of my heart? I must speak be- 
fore they bury him! Sir, I loved that man. Ifcar he never 
knew it. I have not requited him. Alas!- alas! he is gone, 
and I have only this "small box of ointment" (I would that 
it were "precious") wherewith to embalm his memory. 
Yes, he is gone. The world may not feel it, yet we feel it, 
and know it. 

If your Honors please, I wish to join in the last sad rites 
of his burial. I desire to direct my steps, with feelings not 
unlike those which led the men of old to go and see where 
His body was laid ; feelings, if not devotional, at least of 
sacred sorrow: and my brethren here also desire the oppor- 
tunity, and this Honorable bench, long associated with him 
iu the business of life ; and these jurors, who oft have heard 
his voice ; and these suitors, too, many of whom have been 
his clients, whose interests he has always served with fide- 
lity and truth, doubtless wish to join with us in this sad, holy 
office,— I therefore move that this Court do now adjourn 
until Tuesday morning next, that we may attend the funeral 
on Monday. 

The Hon. Wu). L. Dayton then spoke in a feeling manner 
of the character of the deceased ; and when he came to 
speak of his personal relations with Gen. Wall, the tide of 
recollection was too strong, large tears filled his eyes, and 
he resumed his seat, overcome with emotion. It was a 
scene long to be remembered. That silent grief was more 
eloquent than words ; those tears, the most beautiful tribute 
which could be paid to the memory of a man so beloved by 
tlio bar as Oencral Wall. 



Judge Ogden responded in a few pertinent remarks, and 
said that he too desired to assist in committing to the dust 
the remains of him who was the friend and associate of his 
father, and ordered that the Courts be adjourned. 

Whereupon the bench and bar resolved itself into a meet- 
ing to adopt sucli measures as might be appropriate to the 
occasion. The Hon- Elias B. D. Ogden was appointed the 
Chairman, and John L. N. Stratton, Secretary. 

On motion of the Hon. Wm. L. Dayton, it was resolved 
that a committee be appointed by the chair to draft resolu- 
tions expressive of the sense of the meeting. The Chair 
appointed Judge Dayton, Abraham Browning, John C. Ten 
Eyck, John R. Slack, Robert D. Spencer, and Thomas Mil- 
nor, Esquires, who by their Chairman, Hon. Wm. L. Day- 
ton, reported the following resolutions, which were unani- 
mously adopted : 

The Committee report for adoption the following resolu- 
tions — 

Resolved, That this meeting have heard with the deepest 
pain and regret of the decease of one of the members of our 
bar, the late General Garret D. Wall ; they feel called upon, 
in an especial degree, to deplore this sad loss. 

— That the deceased, through a period of forty-six years, 
has been eminently distinguished for ability and learning, 
in the varied departments of professional life — with a know- 
ledge gathered as well from his intercourse with men, as 
from books, he was eminently successful as a practitioner in 
Court ; his memory tenacious, his perceptions quick, his va- 
ried and extensive learning ever at command ; the memory 
of his cotemporaries will ever do justice to his great re- 
sources at the Circuit ; the books of our reports will ever 
bear witness to the great learning and ability, which marked 
his efforts at the bar of our Supreme and Appellate Courts. 

— That as a public man, whether in the councils of the 
State or Nation, he was patriotic and wise. To the Nation 
he ever gave his best judgment ; to the State, he gave his 



whole heart. He was eminently, a Jerseyman, identified 
with us in all his interests, his pride, his aflections. His 
views and aspirations, (as well as the pursuit of them) were 
ever public spirited, just, and honorable ; in him both the 
State and Nation have lost a citizen, who had no thought 
or feeling, but as connected with the highest interests of 
both. 

— That above and beyond all the other merits of the de- 
ceased, we will remember with undying attachment the vir- 
tues and charities which adorned his private character, and 
illustrated his social life ; generous and just, magnanimous 
and kind ; ever and always a noble-hearted, high-souled 
gentle7nnn. 

— That this Court and Bar will wear the usual badge of 
mourning for forty days, and attend in a body the funeral of 
the deceased from his residence in the city of Burlington. 

— That the Secretary of this meeting be requested to fur- 
nish a copy of the above resolutions to the family of the de- 
ceased, and have the same entered upon the minutes of the 
Circuit Court of this County. 

— That the proceedings of this meeting be signed by its 
officers and published in the papers of the County and State. 

The meeting then adjourned. 

E. B. D. OGDEN, Chairman. 
John L. N. Stratton, Secretary. 



PROCEEDINGS OF THE COURT OF CHANCERY. 



At the opening of the December Term of the Court of 
Chancery, the late Attorney General, Mr. Browning, an- 
nounced to the Court and Bar, in a very appropriate and 
impressive manner, the decease of General Wall, one of the 
oldest and most respected members of the New Jersey Bar, 
at his late residence in Burlington, the 22d of November last 
— and asked of the Court an adjournment, in respect to the 
memory of the deceased. 

The Chancellor immediately ordered the Court to be ad- 
journed accordingly. 

A meeting of the Court and Bar organized; his Honor, 
Chancellor Halsted, in the Chair — Archer Gilford, Esq., 
Secretary. 

The object of the meeting being stated by the Chair, it 
was on motion of Mr. Browning, seconded by Ex-Gover- 
nor Pennington and Attorney General Elmer, in eloquent 
terms in reference to their personal intimacy with the de- 
ceased, and in respect of his distinguished professional ef- 
forts at the Bar, and prominent political services in the Le- 
gislature of the State, and Senate of the United States — Re- 
solved, That Abraham Browning, William Pennington, 
James F. Green, William Halsted and Stacy G. Potts, Esqs., 
be a Committee to prepare resolutions expressive of the 
sense of the meeting upon this occasion — which committee 
by its Chairman, presented the following Report. 

Whereas, it has pleased Divine Providence to remove 
from among us one of the brightest ornaments of our Bar, 
in the person of'the Hon. Garret D. Wall, who departed this 
life, at his residence in the City of Burlington, on the 22d 
day of November last — and whereas, when a good man 



10 

pays the debt of nature, it is fit that friendship and affection 
should ofler their tribute to his memory, in the halls where 
he achieved his fame, and whose enduring records perpetu- 
ate his worth ; therefore 

Resolved, That we can never cease to cherish the memo- 
ry of our departed friend and brother, while exalted talents, 
great professional acquirements, and private worth, claim 
our admiration. As a lawyer, few were abler in counsel, 
or more powerful in argument. Faithful to his clients, his 
earnest search was still ever for the truth ; and the pages of 
our Reports during the course of almost half a century, re- 
main imperishable monuments to his zeal for the one, and 
his fidelity to the other. As a public man, he loved his 
country with the fervor of a patriot — his native State with 
the devoted affection of a son. As a friend, " none knew 
him but to love him, none named him but to praise." The 
senior members of the Bar, who knew him longest and best, 
have lost in him a noble brother and compeer. The junior, 
a kind counsellor in the paths of duty and of honor — and all 
of us a bright example of the finished legal gentleman. 

Resolved, That as a testimony of our esteem for our de- 
ceased brother, we will wear the usual badge of mourning 
for thirty days. 

Resolved, That the Secretary be requested to present an 
engrossed copy of these resolutions to each of the surviving 
members of his family. 

R. S. Field, Esq., proposed that in further commemora- 
tion of the event, and as a further and signal tribute to the 
character and memory of the deceased, the Committee be 
requested to appoint one of the members of the Bar to pre- 
pare an eulogium, to be delivered at some future day — 
wiiich drew forth appropriate and interesting remarks from 
A. Whitehead, A. 0. Zabriskie, Esqs., and others. The 
proposition was unanimously adopted. 

Resolved, On motion of Gov. Haines, that the Supreme 
Court be requested to permit an entry to be made by the 



11 

Clerk, upon the iiiinules of tlial Court, of the above proceed- 
ings and resolutions. 

0. S. HALSTED, Chairman. 
A. GiFFORD, Secretary. 

Supreme Court Room, Trenton, April 2, 1S51. 

At a meeting of the Court and Bar, upon resolution of the 
18th December last — Chancellor Halsted in the Chair — Sa- 
muel R. Hamilton, Secretary. The Hon. L. Q. C. Elmer, 
Attorney General, pursuant to appointment, delivered an eu- 
logy upon the life and character of the Hon. G. D. Wall, de- 
ceased. 

Resolved, On motion of the Hon. Senator Miller, that the 
thanks of the meeting be presented to the Attorney General, 
for his interesting and eloquent memoir and eulogy, upon 
the public, professional and private character of our depart- 
ed friend and brother, General Garret D. Wall. 

Resolved, On motion of S. R. Hamilton, that a Committee 
be appointed to solicit a copy of the address for publication. 

Samuel R. Hamilton, Hon. Wm. L. Dayton and Wm. 
Halsted, were appointed that Committee, . with instruc- 
tions to have the same published. 

The meeting adjourned to meet at the call of the Com- 
mittee. 

0. S. HALSTED, Chairman. 

Samuel R. Hamilton, Secretary. 

Hon. L. Q. C. Elmer, 

Sir — In obedience to the accompanying Resolution, 
appointing us a "Committee to solicit a copy of your inte- 
resting and eloquent memoir and eulogy, upon the public, 
professional and private character of our departed friend and 
brother, Gen. G. D. Wall," allow us respectfully in dis- 
charge of that duty, to communicate our sincere desire, that 



12 

you will be pleased to acquiesce in tins request, and confer 
additional obligations upon the many friends of the deceased. 
With great respect, sir, your obd't servant, 
Samuel R. Hamilton,^ 
Wm. L. Dayton, > Committee. 

\Vm. Halsted. ) 

Trenton, April 3, 1851. 



ADDRESS 



THE LIFE AND CHARACTER 



GARRET D. WALL, 

DELIVERED AT TRENTON, APRIL 2,1851, 



THE BENCH AND BAR OF NEW JERSEY, 



BY LUCIUS Q. C. ELMER. 



ADDRESS. 



Gentlemen of the Bench and Bar of New Jersey : 

An eminent member of the profession to which we 
belong, has ended his earthly career, and no longer appears 
among us. A friend, whose generous qualities won all 
hearts, has descended to the tomb. It is a melancholy, al- 
though not a painfnl duty, I have imdertaken at your re- 
quest, to embody a memorial of his high qualities, and to 
give utterance to the expression of our friendship. Many of 
you remember him, only as exhibiting the halting step and 
the dimmed eye of disease ; a great man in ruins. But one 
who in his prime, took a front rank, with such associates 
as Richard Stockton, who so long stood here, " proudly emi- 
nent above the rest," Thomas P. Johnson, Andrew S. Hun- 
ter, Aaron D. Woodruff and Charles Ewing, (to say nothing 
of some who are still living,) deserves more than a passing 
tribute of respect. The Bar of New Jersey, at the period to 
which I allude, (and I trust I may say it has not deterio- 
rated,) was not excelled in eloquence or learning, by any in 
the Union. Such was the deliberate opinion, often ex- 
pressed in my hearing, by that most able judge, the late 
Bushrod Washington, who presided for more than twenty- 
five years, over the Circuit Courts of the United States, in 
this State and in Pennsylvania, and who took such pride in 
those of the profession, from the Bar of Philadelphia, who 
attended the Supreme Court at Washington, as to say of 
them familiarly, when they entered the Court, " this is m?/ 
Bar." And not only was our friend distinguished as a law- 
yer, but he was deservedly honored amongst our ablest 
Statesmen, as a member of a Senate, equal to any in the 
world. 



16 

I remember to have heard Gen. Wall say, many years 
ago ; that give him William Griffith and Richard Stockton 
for his associate counsel, and he would not fear to meet 
any three lawyers that could be selected in the United 
States. And this was no vain boast. But very few of 
those wiio now liear me, remember the first named of those 
gentlemen. Deriving my information from those who were 
well acquainted with him, when in full practice, I can state 
that he was a man of great ability and great acquirements. 
To a mind of the highest order, he united the faculty of un- 
tiring research, and of never flagging industry. From the 
moment he engaged in a cause, till the final consummation 
of it, he was intent on success, and never for one moment, 
out of court or in court, relaxed his efforts ; and seldom 
failed to gain his point. In an evil liourhe accepted the ap- 
pointment of a Judge, in the Circuit Courts of the United 
States, conferred at the very close of the administration of 
the elder Adams. The law constituting the Courts was soon 
repealed, and his office fell with it. He was thus left unem- 
ployed and dissatisfied. Entering shortly afterwards into 
extensive land speculations, these failed him, and he was ru- 
ined. When I knew him, he was but the wreck of what he 
had been. Richard Stockton, I need hardly stop to charac- 
terize. He was both learned and eloquent, and united with 
powerful argument, the most splendid declamation. To 
such associates, the aid of an adroit manager, full of resources, 
like Wall, was invaluable. He might be likened to a fast 
sailing, well appointed and well-officered frigate, coming to 
the aid of powerful ships of the line ; and woe to the enemy 
they encountered. It would have been hard to match them, 
and harder still to beat them. 

Garret D. Wall, was the fourth child of James Wall, and 
was born in the township of Middletown, county of Mon- 
mouth, New Jersey, on the tenth of March, 1783. The first 
of the family who came to America was Walter Wall, a re- 
spectable yeoman from Wiltshire, in England. A brother 



17 

of this Walter Wall emigrated to Spain in the year 1660, 
whose grandson, Gen. Wall, was the celebrated Spanish Sec- 
retary of State, who figured prominently in the negotiations 
that eventuated in a war, between Great Britain and Spain in 
the year 1763. In the year 1640 Lady Deborah Moody, the 
widow of a Wiltshire baronet, a lady of considerable fortune 
and consequence, organized an association of some forty or 
fifty persons, who came over to this country, among whom 
was Walter Wall. The association was first established at 
Lynn, in Massachusetts, where they remained a few years. 
But lady Moody and her followers, differing from the reli- 
gious opinions of the rulers of Massachusetts, on the subject 
of infant baptism, and being subject to persecution there, on 
that account, they removed in 1643 to Gravesend, on Long 
Island. In 1656, William Bowne also came to Gravesend, 
and was a magistrate there in that year. He was an inti- 
mate friend of Wall, and in the latter part of 1657 induced 
him, with others, whose names are still familiar in Middle- 
sex and Monmouth, to remove to New Jersey, with their 
families, where they made a purchase, embracing the pre- 
sent county of Middlesex and part of the county of Mon- 
mouth. Walter Wall purchased a large tract in the neigh- 
borhood of IMiddletown, on a portion of which, called at one 
time Wall's Mill, and afterwards Van Meter's Mill, Garret 
was born. James Wall, his father was the fourth in de- 
scent from Walter Wall. He married the daughter of John 
Dorset, whose ancestors came from Bermuda. 

James Wall died in 1792, leaving his widow, with six 
children, in straitened circumstances. Living during the 
period of the Revolution, on the lines, exposed to the incur- 
sions of the enemy from New York, Staten Island and Long 
Island, as well as the predatory attacks of the tories, he was 
constantly engaged with the militia in active duty ; and had 
the honor of being a special object of vengeance of the to- 
ries, by whom his house was several times attacked and 
plundered. His brave and faithful service, raised him from 



18 

the ranks, and lie was appointed first an ensign, and then a 
lieutenant, in whicli latter capacity, he commanded a com- 
pany for several years towards the close of the war. At 
the battle of Monmouth, he acted as one of General Wash- 
ington's guides, and in that engagement received the sword 
of a British officer, whom he captured with his own hand. 

On the death of his father, Garret, a boy of ten years old, 
was sent to reside with his uncle. Dr. John Wall, at Wood- 
bridge, Middlesex county, where he continued until the 
death of the latter, in 1797. He was there associated with 
the Hon. Joseph H. Crane, who removed to Ohio, nearly 
half a century ago, and is still living and actively engaged 
in the practice of the law, at Dayton, in that State, having 
been at one time a Judge of the Circuit Court, and for seve- 
ral years a representative in Congress. Judge Crane, al- 
though several years older than his companion, informs me 
that they were members of the same class for about two 
years, in a good classical school at that place, under the 
charge of Mr. Storrs. " Most of the pupils," says the Judge, 
"were engaged in the ordinary English course; but there 
was a small class studying the Latin and Greek languages, 
to whicli Wall and myself belonged. He was a warm 
hearted and intelligent lad, fond of play, but always keeping 
abreast in his class. I never met with Gen. Wall, after I 
left the State, until I saw him at Washington, after his elec- 
tion to the Senate of the United States. Our acquaintance 
was then renewed, and though we differed in political views, 
I always found in him the frankness and kindness of his 
early years. He had been a leading member of the Fede- 
ral party, in his native State. He supported, as I have un- 
derstood, the election of Gen. Jackson, and as a Senator, 
sustained his administration. But, though firm and decided 
in his political course, he was no bigot, and never manifested 
a spirit of intolerance towards his opponents, or even at- 
tempted to conceal his original political opinions. In his 
place in the Senate, he avowed with characteristic manli- 



19 

wess, that he had been a Federalist, as long as a Federal 
party existed. It required moral courage, to make such an 
avowal, when the imputation of Federalism was shunned as 
the leprosy or a plague spot. His course in the Senate had 
the approval of his own party, and he was considered by 
those who differed from him, as a fair and manly opponent." 

The scanty store of learning obtained at Woodbridge, was 
all that his circumstances allowed him to acquire. In the 
spring of 1798, when in his fifteenth year, he commenced 
the study of the law at Trenton, in the office of Gen. Jona- 
than Rhea, then Clerk of the Supreme Court, one of whose 
daughters he afterwards married. He is said then to have 
been a tall awkward boy, but giving promise of great cle- 
verness; and he rapidly improved in his personal appear- 
ance and manners. He became, indeed remarkable for 
comeliness, and for an engaging and winning address. He 
studied faithfully, and profited by his studies. He also per- 
formed much of the duties of the Clerk's office, deriving his 
principal support from his services there. By diligent atten- 
tion to the duties of the office, and by careful study, he made 
himself perfectly familiar with the practice of the Court, and 
with the original sources from which it was derived ; so that 
his authority on all subjects connected with the practice was 
afterwards confidently appealed to, not only by the Bar, but 
by the judges themselves. 

But few traces remain of his early habits and pursuits. 
I have, however, been kindly furnished, with an extract 
from an address, written when he was about the age of se- 
venteen, and delivered upon taking the chair, as President 
of a Debating Society, he had been instrumental in esta- 
blishing, at Trenton. It is chiefly interesting, as the early 
development of a distinguished trait in his character, and as 
another proof how generally, " the boy is father to the man." 

"When we take our places in society, as men, political in- 
terests and opinions will often occupy our attention ; and not 
imfrequently become the theme of conversation. On such 



20 

occasions, let us be particularly careful to manifest both mo- 
deration of temper and language; for on no subjects are we 
less entitled to be positive, than on the embarrassing and 
complex question of politics. Let us consider opponents ac- 
tuated by the same principle as ourselves, and believe that 
we are as likely to err as our neighbors. If this course was 
always pursued, we should not so often find the minds of 
good men so soured by party violence, and so greatly alien- 
ated from each other. In short, it is the duty of every good 
man, to regard his fellow citizen, not as Democrat or Fede- 
ralist, but to make the virtuous and meritorious his friend, 
and the villain his enemy. Some degree of party spirit, is 
undoubtedly necessary, to give a proper tone to the opera- 
tions of government, and to keep all the springs in motion. 
While under a proper restraint, party spirit is beneficial and 
salutary ; but once let to have its way, and it becomes the 
curse of the people and the government. Holding to his po- 
litical faith with firmness, and supporting it with moderation, 
that man, in spite of all the odious names which may be 
heaped upon him, by party zealots, is the most useful and 
honorable character in society. He, and he only, is possessed 
of firmness, independence and liberality. He can argue, and 
dissent from a man, without losing his temper or his reason. 
He can remember, ' that to err is human ;' and believe, that 
he is, like other men, prone to error ; and that it is possible 
that his neighbor may be right, and he himself wrong ; and 
while adhering firmly to those opinions, authorized by his 
sober reason, he looks upon his opponents as actuated by 
equally pure motives with himself, and lets not their political 
ditferences interfere with the harmonies of friendship." 

In the year 1804, he was licensed as an Attorney, and in 
l8t)7 as a Counsellor at Law. Soon afterwards he married, 
and settled himself in Trenton. In 1812, the Federal party 
having obtained a temporary ascendancy in the State, he 
was elected by the joint meeting. Clerk of the Supremi 
Court, an office valuable to him, from its considerable ir 



i 



21 

come, and as aiding to introduce him to business in his pro- 
fession. Upon the expiration of his term, in 1S17, although 
the Democratic party had then the majority, it was well un- 
derstood, that he could have been re-elected, but for the cir- 
cumstance that one of his own party absolutely refused him 
his support an^ voted for his opponent on the avowed 
ground, that when the Federal party had the majority, Wall 
with that disinterested generosity, which distinguished him 
through life, used his influence with success, to retain in of- 
fice the Democratic Treasurer, who was a personal friend, 
and at that time held in high esteem. 

During his period of study, and after he came to the Bar, 
although not a systematic student, he was a diligent reader 
of the law, and fond of tracing its principles to their original 
sources. As soon as his means permitted, he collected a 
large and valuable law and miscellaneous library, and made 
a good use of it. Far from being satisfied with mere 
abridgements and compends, like any lawyer, who attains 
to even moderate eminence, he had recourse to the original 
black letter, and mastered the more abstruse, as well as the 
more attractive portions of the law, as a science. He was 
well grounded in the doctrines of the common law in rela- 
tion to real estate, and fully able to unravel its most intri- 
cate subtleties. He read also, and imbued his mind with 
the productions of the best authors in the English language ; 
and continued to do so to the very close of his life. But 
although his native powers were of a high order, they de- 
veloped themselves very slowly. He had, at first, great dif- 
ficulty in expressing himself, was timid and distrustful of 
himself, and exhibited through life something approaching 
to an impediment in his speech. It was not until deprived 
of the oflice of Clerk of the Supreme Court, that he took a 
high place in his profession. That place, however, he did 
take, and maintained it, until diverted by other pursuits. 

The immediate descendant of a revolutionary soldier, he 
partook, himself, largely of the military spirit. It was seen, 



22 

So long as he retained his health, in his erect carriage, his 
measured step, his glowing eye, and in the very style of his 
dress ; and hence the military title of General, with which 
we were so long accustomed to greet him, and which he de- 
rived from holding, for some time, the office of Quarter 
Master General of the State, was not, as in many instances, 
a title to which he seemed to have no proper claim, but one 
that naturally belonged to him, and which came to our lips 
spontaneously, as his rightful due. Indeed such was his pre- 
dilection and talent for war, that had not other ties restrain- 
ed him, he would probably have been tempted to exclaim— 

" Tell us not of issue male, 
Of simple fee and special tail, 
Of feofftnenls, judgments, bills of sale, 
And leases. 

Can you discourse of hand grenadoes, 
Of sally ports and ambuscad oes, 
Of counterscarps and palisadoes 

And trenches." 

As it was, he evinced his military spirit, and his patriot- 
ism during the war of 1812, by accepting the command of 
the PhcEuix company of uniformed militia, which had been 
first established during the war of the Revolution, in which 
he had for some time held the post of lieutenant, and by 
joining them in volunteering a tour of active service, as a 
part of the force detailed for the protection of New York, in 
the fall of 1814. He showed also the same spirit, and the 
same disposition to take the side of his country, by earnestly 
advising Col. O'gden, then the Federal Governor of the State, 
and a soldier of great gallantry and Iiigh military capacity, 
to accept the appointment of Major General in the Army of 
the United States, and the command of the northern fron- 
tier, when it was the post of danger, which was tendered to 
him by the administration of Mr. Madison, while General 
Armstrong held the place of Secretary of War, and by offer- 
ing to resign his office, then yielding him a large income, of 



23 

which he had much need, and to^take whatever place in his 
military family might be assigned him. But other counsels, 
neither so wise nor so patriotic, prevailed, greatly, it is be- 
Heved, to the after regrets both of the advised and the ad- 
viser. 

It is not easy to bring before you the proofs of genius and 
capacity, exhibited by our friend, while actively engaged at 
the bar. The most able arguments and the most impressive 
and successful eloquence of the lawyer, are generally eva- 
nescent in their character, and pass away with the contro- 
versy that required them. In the words of one* who was 
himself an example of what he described, "the life of a law- 
j'er in the full practice of his profession, oflers very little but 
the dull and dismal round of attendance upon courts, hard 
studies at night, and in the day fatiguing exertions, which, 
however brilliant are confined to a narrow theatre, and 
leave nothing behind but the echo of a name." There is 
one case, however, to be found in our Reports, to which I 
may refer the student, where his argument is fully reported, 
and which may help them to form some estimate of his 
powers. It is the case of Arnold against Munday in the 
first volume of Halsted's Reports. He was on the wrong 
side of a question then new in this state, and in the union, 
involving immense interests and the most important princi- 
ples. That question was whether, as he insisted, the soil 
under the navigable rivers, bays and harbors of this State, 
passed by the royal grant, and became vested in the propri- 
etors J or whether, as was insisted by his opponents, and 
was decided then by the Court, and has been finally and 
satisfactorily settled by the Supreme Court of the United 
States, the right to the soil and the consequent right of 
catching fish and oysters was vested in the people of New 
Jersey, as the sovereign of the country, for public use. This 
case he argued "with great care and ability." It deserves 

•Mr. Duponceau. 



24 

to be studied, not only on account of the learned and ex- 
hausting discussion of the eminent counsel engaged on both 
sides ; but also for the luminous and able opinion of the 
Chief Justice, who so easily mastered and so correctly decid- 
ed, even during the hurry of the Circuit, a case so new and 
so important. And I may take this occasion to say, what I 
have no doubt will be readily assented to, by all of the bar 
who have qualified themselves to judge, that it will not be 
easy to find, any where, opinions on questions involving the 
doctrines of the law of real estate, equal in beauty and per- 
spicuity of style, in clearness and precision of statement and 
in masterly and convincing argument, to many of those de- 
livered by Chief Justice Kirkpatrick. 

The distinguishing characteristics of Gen. Wall, as an ad- 
vocate, were his quick sensibility, an intuitive insight into 
character and motives, and that ready tact, so invaluable in 
jury trials, which enabled him, easily to recover from his 
own mistakes and promptly to take advantage of those of 
his adversary. Although he had often a hesitating and con- 
fused manner of expressing himself, which, in his early ef- 
forts, was very discouraging, and which it cost him the most 
strenuous efforts to overcome ; yet he not unfrequently rose 
to the highest eloquence. He scorned every thing like trick 
or unfairness; but may perhaps have erred in being too 
ready to press an accidental or even unfair advantage when 
on the side of his client. 

This is probably the error to which lawyers are most lia- 
ble to be tempted; and which it requires no little firmness 
and watchfulness to avoid. I am far from yielding to that 
false morality which teaches that an honest lawyer must 
confine himself to cases, in which he .is sure he is on the 
right side. No man need attempt to be an advocate on such 
terms. Such a course would only be to set snares for his 
own conscience. The temptation to persuade himself that 
he was right, when he was clearly wrong, would then often 
be irresistible ; and we all know that the temptation is quite 



25 

strong enough without being strengthened by any such dan- 
gerous principle. And, besides, it is a great mistake to sup- 
pose that most cases are plainly right on one side or the 
other. Many times, perhaps I may say commonly, both 
parties have strong equity, and many times both are greatly 
in fault. Not unfrequently, from the very nature of the 
case, the final determination depends upon the application 
of very doubtful analogies and upon the balancing of very 
uncertain probabilities. Nor do I think it a correct opinion, 
that a conscientious lawyer should never agree in favor of a 
principle he is not fully convinced at the time is correct. It 
often happens that his own judgment is wrong, or at any 
rate differs from that of the Court ; and it is very important 
that the questions fairly arising in a case, should be fully 
canvassed, so that there may be every opportunity given for 
a right decision. Many things may be fairly said, even on 
the wrong side of most questions of law or of evidence. 

But it is of the highest importance to the temporal and to 
the eternal interests of every lawyer, that he should make an 
earnest efibrt to guard against unfairness, misrepresentation, 
or sophistry; and when he feels a doubt, true candor re- 
quires that it should be expressed. He should never forget 
that the most watchful circumspection is required to prevent 
a too eager insisting upon untenable points ; and especially 
to prevent a desire arising in his own mind to succeed, whe- 
ther right or wrong. He should unhesitatingly reject such 
an extravagant and false doctrine, as that said to have been 
gravely advanced by Lord Brougham in the English House 
of Lords, that, "to serve that client, by all expedient means, 
to protect that client, at all hazards and cost to others, and 
amongst others to himself, is the highest and most unques- 
tioned of his duties." Nor can he safely imitate the course 
pursued by Mr. Phillips, in the defence of the assassin Cour- 
voisier, (even although adopted, as that was said to have 
been, by the advice of the judge who tried the case,) which 
exposed him to such severe, and to some extent, to such 



26 

just reproach. After the criminal had fully confessed to him 
his guilt, he attacked and endeavored to discredit witnesses 
he knew were telling the truth. Much less may he, in the 
examination of witnesses, instead of endeavoring fairly to 
elicit the exact truth, or to delect and expose prevarication 
and falsehood, endeavor to confound or entangle them. I 
rejoice to believe that the standard of professional moraUty 
is higher now than it once was, and I trust I shall be par- 
doned by the high-minded and honorable men who surround 
me, for expressing, most emphatically, my great gratification 
that it is so. Practices, once deemed entirely correct, but 
which I have reason to believe were never adopted by the 
friend we commemorate, would now be generally condemn- 
ed by all who desire to maintain a character for integrity 
and fair dealing. An artifice once resorted to by Mr. Ga- 
now, "a masterly cross-examiner," would be seldom at- 
tempted now, or if attempted, would hardly succeed. A 
deaf witness had been examined on the other side. Upon 
his cross examination, Ganow said to the witness in a low 
tone, " So you have the misfortune to be deaf" "Yes Sir." 
" You liave great difficulty in hearing." "Yes Sir." "And 
it was not till I raised my voice thus (lowering it still more) 
that you could hear what I said at all." "No Sir." The 
jury and the whole auditory roared with laughter, not per- 
ceiving that the counsel, by distinctness of enunciation, had 
enabled himself to be really better heard than if he had 
spoken in a loud voice. 

I learn from a gentleman* who was a student with Gene- 
ral Wall, that he was remarkably candid with his clients, 
when they fairly disclosed their cases to him ; and if he felt 
clear that they were wrong, did not hesitate to tell them so; 
but at the same time he was cautious not to decide against 
them, unless clearly convinced that they were wrong, saying 
with some humor that lawyers might err as well as judges ; 

*Slacy G. Potts, Esq. 



27 

and that it was hardly fair to make a client pass through 
two ordeals, with two chances to be beaten, one by the error 
of his lawyer in prejudging his case, and the other by the 
error of the court or jury, in deciding it wrongfully. Wlien 
he had undertaken a case he prepared it with great pains, 
and managed it with dexterity, being full of resources and 
ready at expedients. But he utterly disapproved all at- 
tempts to mislead the court or jury by concealment or misre- 
presentation. 

His mind dwelt very little on the details of his office busi- 
ness. Pie expected his students to find out how legal papers 
were to be drawn, by examining the books he put into their 
hands, being a strong believer in the theory that they would 
remember best what they found out themselves. He once 
put a mortgage to be foreclosed into the hands of a raw stu- 
dent, and told him to prepare the papers. The student drew 
a bill, making only the mortgagor a defendant. When 
shown to him, he asked, '"'are there no other defendants?" 
and expressed great surprise that he should have been 
among law books for a month, and not know that searches 
were to be made, and all incumbrancers made parties. Still 
he was exceedingly kind and gentlemanly. He never went 
to court abroad without shaking hands with his students, and 
bidding them good-bye. The idea of distrusting any one 
seemed never to enter his head. When about to leave 
home, he would often say to a student, "get my keys and 
hunt up all the money you can find and deposit it in bank." 
The hunt had commonly first to be made for the keys, and 
then a longer hunt for the money, which would be found 
scattered in the drawers of his secretary or table, wherever 
he had happened to empty his pockets. 

He showed the generosity of his character by the deep 
interest he took in his students, after they left him, always 
using his influence in their favor when he could. Hearing 
that one of them, a few days after he was licensed, had been 
successful in trying a case before a justice, he took pains to see 



him, and to express the gratification he felt in hearing of it;, 
and said if he had known of the case, he would have been pre- 
sent to hear and encourage him. At the first County Court 
the same student attended, of course without business, he 
took a man to him, who desired a motion to be made to dis- 
charge a prisoner, against whom no bill had been found, told 
the man to give him five dollars, and he would make the 
motion, which was done. Thus he gave him the fee, and 
the desired opportimity of appearing before the Court, when 
he could without trouble, have done the business and taken 
the fee himself. He was distinguished for his hospitality, 
carrying this virtue often to the extreme limits, and even be- 
yond the bounds of prudence. At the military meetings of 
his company, the troops were entertained at his house with 
whatever it afforded, and his doors were open to everybody. 
" The string of the latch, was always on the outside of the 
door." This brought about him, not only his friends, and 
they were numberless, but many mere hangers on. His 
clients and his neighbors, ran to him for all sorts of counsel, 
and at all times, convenient or inconvenient. For the ad- 
vice thus sought, and always freely given, he seldom made 
any charge. But few lawyers, ever did so much business, 
without being adequately paid ; and I may add, but few ought 
to. If any body got into trouble, the first man he would 
think of applying to for relief, would be Gen. Wall ; and 
rarely did any one apply, without getting what he asked for, 
if it was in his power to give it, and often when it was much 
to his injury. Faithful, and self-sacrificing as a friend, he 
was placable as an enemy ; and although sometimes vio- 
lent in his resentments, he was always easily pacified, and 
had no memory for injuries. 

The early training of Gen. Wall, was, as has been been 
mentioned, as a Federalist. That party had for some years 
given up the contest for power in New Jersey, so that for 
several years after he ceased to be Clerk, and was engaged 
in active business as a lawyer, he took but little part in po- 



29 

litics. Ill process of time, he changed somewhat his views 
and his poUtical relations. That change I cannot so well i)- 
lustrate, as by quoting his own words, contained in a speech 
delivered in the Senate, in the year 1S38, when Mr. South- 
ard was his colleague. 

" Mr. President, I have a few remarks more, and I will 
cease to tax your patience. It is always with unaffected re- 
luctance that I speak about myself. I am, however, com- 
pelled to do so. 

"The distinguished Senator from Kentucky, [Mr. Clay,] 
who plays many parts here, and always with eminent ability, 
the other day, in striking at friends and foes, spoke of my 
Federalism ; and my honorable colleague has alluded to it in 
a manner too significant to be misunderstood. What do these 
Senators mean by such allusions ? Do they mean that it is 
an eternal reproach, an indelible mark of disgrace, to have 
belonged to the Federal party ? If that is their meaning, let 
them proclaim it in New Jersey, and they will soon find 
that they lose more than two-thirds of their supporters. If 
they drive from the ranks the Federalists, as unworthy of 
association, they will be left with the skeleton of a party. 
Do they mean it as a reproach to me ? I am willing to bear 
it. Here, sir, in the presence of the American people, I avow 
that I was a Federalist, and acted with that party zealously 
and actively, so long as their flag waved in New Jersey. 
Standing here, as it were, with the eyes of the immortal Fa- 
ther of his country — the head and leader of the party to which 
I belonged — intently fixed upon me, I should be unworthy 
of my present honorable position, if I hesitated to make the 
avowal. Sir, it is an honor to any one to have been an hum- 
ble follower of the purest and most unsullied Democrat that 
ever lived. Who, sir, were the leaders of the New Jersey 
Federalists ? For, sir, I hold myself answerable only for 
their sins and my own. I reject all imputative sins. They 
were the men whose Democracy was tried by the fires of 
the Revolution, who had assisted in that glorious struggle 



30 

in the field and iii the Cabinet, and in forming the Constitu- 
tions which now support our liberties. Tliey were talented, 
high-minded, and honorable, and, above all, they were emi- 
nently American and patriotic. When I arrived at manhood 
I found them prostrate, in a hopeless minority, and crushed 
by what I considered an oligarchy, whose claims for Demo- 
cracy were not equal to those of the Federalists whom they 
expelled from power. 

"Sir, the Federal party, while it existed in New Jersey, af- 
ter I became of age, never had but one year of power. They 
have few sins of commission to answer for. They stood in 
opposition, and I stood with them, side by side, until after 
the declaration ot^ the late war, and the invasion of the 
country by the British. I thought then, and still think, that 
although there had been abundant cause for war from the 
time of the attack on the Chesapeake, that it was declared 
rashly, and that the Government had not done its duty in 
putting the country in a state of defence. But, sir, when 
the country was invaded, I thought it the duty of every man 
to go for the country. 

" I had hoped, sir, to have seen the venerable man, who 
was at that time the leader of the Federal party in New Jer- 
sey, (and a more patriotic, heroic, and American heart beats 
not in any bosom,) in the place which he has occupied for 
several days in this Chamber, [Col. Ogden.] He could 
have told you what were my feelings and sentiments then. 
Sir, the Federalists of New Jersey were Americans and pa- 
triots. I had the honor of commanding in camp, during the 
late war, a company composed exclusively of Federalists, 
and it is due to them to say, that among their gallant asso- 
ciates they had no superiors in patriotism, and every quality 
that becomes an American soldier. There, sir, 1 was 
brought in close connection with Democrats, and found in 
truth what Mr. Jefl'erson had declared, that we were all 
Federalists, all Republicans." Shortly after the war the 
Federalists in New Jersey struck their flag by their own 



31 

own hands, and voluntarily disbanded. I remained with them 
with unshaken fidelity until that time, although some dif- 
fered with me, no doubt honestly, as to the course I had 
taken in the war. We were conquered, sir, by our friends, 
not by our foes. But not by our friends in New Jersey. 
There, sir, we furled our flag with our own hands, still bear- 
ing the national stripes and stars undisgraced. The era of 
of good feeling commenced with Mr. Monroe's administra- 
tion. The friends of internal improvement in New Jersey 
were about commencing those great works which will im- 
mortalize them, and which has given to the State such pros- 
perity. My feeble exertions were invoked in that cause, 
and 1 entered the Legislature as a representative of one of 
the most Democratic counties in the State. Party feeling 
was calmed and subdued for several years. The time came, 
however, when the principles which are always working in 
Republican Governments, were about to exhibit themselves 
in new forms. New parties were formed. I had been dis- 
charged from all party ties by the voluntary disbanding of 
the party to which I belonged. I had remained neutral for 
years. When I thought the proper moment had arrived, I 
took "my musket, cartridge-box, and shot pouch," and en- 
tered the caucus, the great Wittenagemotte of the Demo- 
cracy of Hunterdon county. But I did not go, "solitary and 
alone." Those who had stood side by side with me in my 
course, during the late war, went witlr me. 1 was there op- 
posed by some who made the same objection that has been 
made here. I did not meet that objection by denial, but jus- 
tification. I told them that I had drawn my Federalism 
from the principles of the Revolution, the Constitution of the 
United States, and Washington's Farewell Address. The 
Democrats found that my Federalism and their Democracy 
did not differ much, and that difference related to the past, 
and they honored me with their confidence. Sir, I have 
never abused that confidence, and the last pulse which beats 
in my bosom will be in gratitude for their favors, and in de- 
votion to their service. 



32 

Sir, I entered the Democratic ranks, not as a deserter, for 
I left no party, but as an American citizen should meet his 
fellows, conscious of the purity of his own purposes ; and I 
was received and treated with a confidence equal to that 
which I had evinced. It required no sacrifice on either side 
to cement our union. 

" I have never asked of any party with which I acted as 
much as they in their bounty, were willing to bestow. I 
have never .deserted either party or friends; nor have they 
been importuned, distracted, or weakened, to promote my 
ambition or interest. 

" My colleague, with some scorn, speaks of modern De- 
mocracy, and says that he went to bed one night a Demo- 
crat, and rose the next morning a Federalist. Sir, if such a 
sudden metamorphose took place, his democracy must have 
been composed of " such stufl' as dreams are made of" — 
"like shadows it came, and like shadows it departed." My 
Democracy, however modern it may be, neither came so 
suddenlj'^, nor will it, I hope, be so evanescent. I admit that 
my Democracy is a plant of slow growth; it neither came 
up in a night, nor will it be found withered in the morning. 
It resulted from reflection, experience, and the conquest 
over error and prejudice ; and I hope that, like all plants of 
slow growth, it will be the more enduring. I have no pre- 
tension to that imctious Democracy which arises from here- 
ditary descent. I cannot boast that "I was born in the pur- 
ple." Hereditary Democracy savors rather of Aristocracy, 
and, like hereditary property, is apt to be dissipated. Un- 
fortunately for me, my father died before the formation of 
parties in this country, but he bequeathed to me his Revolu- 
tionary feelings and example, his only inheritance. 

" Mr. President, I do not boast of my consistency. Since 
I attained the age of twenty -one, I acknowledge that I have 
changed my opinion on many subjects, legal, political, reli- 
gious, moral, philosophical, and as to men ; and if my life is 
spared, and my opportunities, and the possession of my fa- 
culties are vouchsafed to me, 1 do not doubt but I may still 



33 

change. But, sir, in pure love of my country and its insti- 
tutions, in devotion to what my judgment tells me will best 
promote its interests, in the love and pursuit of truth, and the 
attainment of honorable ends by honorable means, I am not 
conscious of any change. 

" Whatever my Democracy or my Federalism may have 
been, it is now drawn from the principles of our Revolution 
and of our Republican institutions, and an adherence to that 
mode of administering the Government which will produce 
the greatest good to the greatest number. I obtain my De- 
mocratic principles from Washington's Farewell Address ; 
from the doctrine of equal rights and equal privileges, and the 
protection of those rights and privileges, and all other privi- 
leges sanctioned by the Constitution, by law. Finally, sir, I 
believe in a strict construction of the Constitution, but such a 
construction as will develope and call into action all its ex- 
press and implied powers, for the beneficent purposes of its 
adoption. 

" Now, sir, whether this Democracy is from the school of 
Federalism or Republicanism, of Washington or Jefferson, I 
shall not enquire. It is my Democracy." 

In the year 1822, he was elected a member of the Assem- 
bly of this State, as one of the representatives of the strong 
Democratic county of Hunterdon, running upon a union 
ticket, and was the only one of that ticket which succeeded. 
It was my fortune to meet him at that time, as a fellow- 
member, and I well recollect the part he took in our pro- 
ceedings. His frank and amiable manners, made him a 
general favorite, while his intimate acquaintance with the 
common law, the statutes of the State, and the practice of 
the Courts, enabled him to render essential service, in the 
ordinary business of legislation. Political contests did not 
disturb us through the session, and no very important ques- 
tions arose for discussion. Upon one occasion however, he 
spoke with great eloquence and effect. Divorces, were at 
that time granted by private acts, often for very insufficient 



34 

reasons, without anything lilce a careful investigation of the 
aliedged causes, and sometimes, even without reasonable 
notice to the opposite party. After several such acts had 
passed against his vote, he was at length aroused to such an 
exposure of the injustice of the proceeding, and the danger 
of thus tampering with the dearest and most sacred relation 
of life, as for a time to arrest the practice. 

He was one of the earliest supporters of GeneralJackson^ 
having publicly declared his preference for him in January, 
1824. It was a natural preference, there being points of re- 
semblance in their characters, too strong to be overlooked. 
Owing principally to his influence and exertions, the vote of 
New Jersey was given for Jackson, in the fall of that year, 
although not at the great contest in 1828. His reasons for 
preferring him to Mr. Adams, were often assigned in lan- 
guage so much like that used by that remarkable man, John 
Randolph, of Roanoke, that I quote them, as if they were 
his. " I deny that there is any instance on record, in histo- 
ry, of a man not having military capacity, being at the head 
of any government, with advantage to that government and 
Avith credit to himself. I not only consider the want of what 
is called learning, not to be a disqualification for the com- 
mander-in-chief, in civil or military life ; but I do consider 
the possession of too much learning, to be of most mischie- 
vous consequences to such a character, who is to draw from 
the cabinet of his own sagacious mind, and to make the 
learning of others, or whatever other qualities they may 
possess, subservient to his more enlarged and vigorous views. 
Such a man was Cromwell ; such a man was Washington ; 
not learned, but wise. Knowledge and wisdom, as one of 
our delightful poets sings, 

" Knowledge and wisdom, far from being one, 
Have olt-times no connection : knowledge dwells 
In hearts replete wilh thoughts of other men; 
Wisdom, in minds attentive to their own. 
Knowledge is proud that he has learned so much ; 
Wisdom is humble that he knows no more. 



35 

Books, are not seldom, talismans and spells, 
By which the magic art of shrewder wits 
Holds the unthinking multitude enchained.!' 

His struggle in what lie has termed, " the great Witten- 
agemotte of the Democracy of Hunterdon," was the strong- 
est proof of his personal popularity, and of his powers as an 
orator. It occurred in the year 1S27 ; and fortunately I ara 
able to present you with a most interesting and graphic de- 
tail of the circumstances, furnished to me by one who was 
present, and an actor in the scene.* 

" Hunterdon county, of which Trenton was then a part, 
was one of the strong holds of Democracy, rolling up a ma- 
jority of hundreds. General Wall announced to his friends 
his intention to present himself as a candidate at the caucus, 
some time before it was held. His old Federal friends ex- 
pressed great amazement, at what they thought his strange 
infatuation, in supposing that the head and front of their 
party, could possibly get a foothold in the ancient fortress of 
his opponents, so long and so strongly founded, and hereto- 
fore, so jealously guarded. The Democratic leaders took the 
alarm. The note of danger rung through the county, and 
there was the greatest turn out ever known, at a caucus in 
Hunterdon, or probably elsewhere. Some twelve or fifteen 
hundred people were present. The meeting was held in the 
old Court-house at Flemington. The crowd was great out- 
side and so great within, that being appointed one of the 
Secretaries, I had to be lifted over the heads of the people, 
to the bench along side of the President. 

As soon as Garret D. Wall was nominated, as one of the 
candidates to be balloted for, (a regular voting by ballot be- 
ing practiced,) the storm broke out. At least twenty persons 
began to speak at once. Some denied the right of anybody 
to nominate him there ; others insisted they had a right 
to nominate who they pleased. Old John Prall, one of the 

*Stacy G. Potts, Esq. 



36 

leaders of the party, got on the table, and tried to make hini" 
self heard. His discourse was upon the candidate's early 
history, his alledged bitter P'ederalism, his participation in a 
personal attack on General James Jefferson Wilson, for a 
long time the leader and idol of the party, not long before in 
the Senate of the United States ; and although the old gen- 
tleman often stopped, and at the top of his voice, screamed 
out, " hear me," — " look at me, Mr. President," but little 
that he said could be understood. After this farce had been 
acted for some minutes, I saw General Wall's commanding 
form, on an elevated position, at one corner of the room. — 
His figure and voice were known to all. A great effort was 
made to drown his voice and cry him down ; but he went 
on. Soon the clear tones of his voice began to ring through 
the room, and in the space of five minutes, he talked the 
meeting into silence. He spoke for an hour. It was the 
boldest, the most spirit-stirring and powerful popular ad- 
dress, I ever heard, before or since. 

"He said it was the right of the humblest citizen, when 
assailed, to be heard in his defence — a right none but ty- 
rants ever denied, and the principles of tyranny had no foot- 
hold in Hunterdon. That they who were afraid to allow 
him a hearing, insulted the people, by distrusting their judg- 
ment and good sense. He was there, to answer for him- 
self, and abide the judgment of the democracy of Hunter- 
don. He avowed, that while federalism existed, he was a 
federalist — while the flag of that party was floating over- 
head, he followed it to victory, defeat or disaster, wherever 
its fortunes led the way. But that flag had been torn to 
fragments, beaten down and trampled under foot. The 
party was disbanded — the old landmarks had disappeared. 
He no longer felt that there existed differences of opinion, 
between him and his former opponents, sufficiently impor- 
tant to form a separating line. He stood there, among hun- 
dreds of noble hearted young men, who forgave and forgot 
bygone feuds and ancient prejudices, and who inherited from 



37 

their fathers only their generous and patriotic impulses, anct 
he had come over, openly and boldly, into their camp, not 
to disorganize, but to strengthen them, if he could — not to 
divide, but to unite, heart and hand with them, in doing 
service to the country, and he should await their judgment, 
and submit to it, whether given for or against him." 

Such was the general tone and spirit of the address. As 
he progressed, he was at first both cheered and hissed ; soon 
general applause followed, with intervals of breathless si- 
lence ; and when he closed, the nomination was received 
with three hearty cheers. The balloting then commenced, 
and the counting oft' lasted till morning of the next day. He 
was successful in obtaining a nomination, and was elected 
by the people. 

From the time of his adoption as a candidate of the demo- 
cratic party, until his death, he held a high position in the 
confidence and respect of that party. His democracy being, 
as he said, " a plant of slow growth," was progressive and 
enduring. It did not consist in mere adherence to party 
usages, and party discipline, but was a steady principle, 
leading him to earnest eftbrts " to produce the greatest good 
to the greatest number." To that portion of the party to 
which he was first attached, who had no real confidence in 
our republican system, and who only endured it, as an ex- 
periment they expected to fail, he never belonged. His na- 
tural sympathies were with the onward movement of the 
popular cause. It was the profound remark of a great 
statesman, " that a young man, who was not an enthusiast 
in matters of government, must possess low and grovelling 
principles of action ; but an old man, who was an enthusi- 
ast, must have lived to no purpose." The enthusiasm of 
his youth was abated by age and experience ; but he never 
lost his trust and hope in the advance of society, under free 
democratic institutions. The real and abiding parties in 
human nature, are undoubtedly the conservatives and the 
progressives. Both arc, at times, in error, and subject to 



38 

many untoward influences, arising from the wealcness and 
corruption of tlie men wiio form them. Every abuse is not 
worth preserving ; nor is every innovation truly an ad- 
vance. But_ the advance must be the true principle, its es- 
sential character being to take ofl:' bonds, to remove preju- 
dices, to reform abuses, to aim at the amelioration of men ; 
and in its most jierfect form, it is always allied with Chris- 
tianity. With that spurious philanthropy, which consists 
in denying the moral government of God, and insists upon 
the abolition of those family ties, which have been ordained 
by him, and which lie at the foundation of all true happi- 
ness, and would substitute a miserable socialism, as contrary 
to the true nature of man, as it is inimical to his best inte- 
rests, true democracy has no affinity. Neither this, nor its 
kindred errors, met with any favor from our friend. And 
although a party man, seldom was any one more free from 
party bitterness. He never allowed political preferences to 
estrange him from a friend ; and however high the political 
ferment of the day, he never permitted, what he conceived 
to be the error of a political opponent, to harden his heart 
or sever the bonds of friendship. He was held in strong 
personal esteem, and was always in habits of intimate social 
intercourse with his political opponents, while living; and 
when he died, was honored and mourned by all who knew 
him. 

In the fall of 1828, he married the second time, and re- 
moved his residence to Burlington; and his party having a 
majority in the legislature, he was, without solicitation on 
his own part, elected to tlie office of Governor. He hesita- 
ted, at first, about accepting it, but finally declined, upon 
the ground "that his obligation to his family, and the neces- 
sity of devoting a greater portion of his time to his private 
affairs, than a diligent and faithful discharge of the high and 
honorable office of Governor would admit, demanded of him 
this determination." In this following spring, he was ap- 
pointed by Jackson, without solicitation, and indeed much 



39 

regretting the removal of the incumbent, to the ofRce of Dis- 
trict Attorney for New Jersey, the duties of which he fulfilled 
for several years, with his accustomed ability. It was while 
he held this office, that he aided in bringing to justice the 
Barnegat wreckers, and put an end to that infamous sys- 
tem of land piracy, so long a reproach to the population of 
the Atlantic border of this State. 

He was elected United States Senator in the year 1834, 
and remained in that office the constitutional term, an active 
supporter of the administrations of Jackson and Van Buren. 
Several of iiis speeches have been published, and are among 
the ablest of which that period of high excitement and keen 
controversy gave birth. Among them is that from which I 
have so largely quoted, the main subject of which is the Bill 
to separate the government from the banks, then struggling 
against a violent and powerful opposition, now acquiesced 
in by nearly all, as a wise and timely measure. He opposed 
most earnestly and vigorously a national bank, partaking in 
the hostility of his party to that institution, "whose directory 
seated in their marble palace at Philadelphia, like the Gods 
on Olympus, could make rain or sunshine as it pleased their 
sovereign will." Another of his speeches was in opposition 
to that bankrupt law, which, forced through Congress, by 
combination with other objects, at one session, was repealed 
by the same men at the next. His opposition was not to a 
uniform system of bankruptcy, applicable to traders, and for 
the benefit of creditors as well as of debtors, and operating 
upon corporations, as well as upon individuals ; but to a 
partial system, designed and operating to apply the sponge 
to a vast amount of present indebtedness, and then to pass 
away. Another subject in which he bore a prominent part, 
was a proposition made by Mr. Crittenden, to punish with 
heavy penalties, certain classes of Federal officers who 
should, "by word, message or writing, or in any other man- 
ner whatever, endeavor to persuade any elector to give, or 
dissuade any elector from giving his vote for the choice 



40 

of any person," to any office of the general or state govern- 
ment. Against this extraordinary attempt to disfranchise a 
large class of citizens, he made a report, as chairman of the 
committee on the judiciary, which will well repay an atten- 
tive perusal. It is replete with sound views of the nature 
of our institutions, and the respective rights and duties of 
office bearers and citizens. The following extract, will give 
some idea of its character and serve as a specimen of his 
composition. 

" The object of this bill is to render what is lawful and 
praiseworthy, and in strict conformity with both the letter 
and spirit of our institutions, for all citizens, criminal in a 
particular class, who have been honored by the confidence 
of the people. It is not to punish a crime malum in se, but 
to create a new crime. It is not to punish bribery and cor- 
ruption, the robbery of the ballot-box, the' suppression or 
forging of returns, or usurpations, or neglect of official duty 
in giving effect to the will of the majority in elections, but 
the use of persuasion or dissuasion, of intermeddling to con- 
trol or influence voters by means that are lawful and right in 
others. Every citizen ought to qualify himself by study, 
conversation, and every other means of acquiring knowledge 
to understand the theory and principles of our institutions, 
and to ascertain the best mode of administering them in 
their true spirit, so as to promote the greatest good of the 
greatest number, and to render himself capable of discharg- 
ing any trust that may be conferred on him by his fellow- 
citizens. It is as well his right, as his duty, to discuss and 
promulge freely, the measures of any administration, and 
the character and conduct of those who support or oppose if, 
as well to control them by the censorship of public opinion, 
as to subject them to the test of the constitution. In doing 
so, he may win tlie confidence of his fellow-citizens, by his 
declared opinions, or may become identified with some 
great principle which conciliates their support. All this is 
innocent and praiseworthy, even if the motive is the acqui- 



41 

sition of office, because it promotes the public good. Can it 
be wise or even just, to punish as a crime, when he attains 
office, what was patriotic and praiseworthy while he was 
seeking it." 

A speech he delivered on the same subject, in answer to 
Mr. Crittenden, said to have been one of the most brilliant 
and spirited of iiis etforts while Senator, has not been pre- 
served. The bill when put to the test of a vote, received 
but five in its favor. 

Among the most prominent traits in the character of 
General Wall, and one which it would be unpardonable to 
overlook, was his attachment to his native State. No one 
appreciated more highly the natural advantages, of this, one 
of the old thirteen States, whose people took so prominent 
and patriotic a part in the struggles of our revolution ; and 
no one was more anxious to improve them. He loved to 
dwell on the conflicts at Trenton, at Princeton, and at Mon- 
mouth. He never forgot that he was a Jerseyman. Here 
he was born, and here he spent his life ; here was his home, 
and here the friends he loved. Here he commenced life a 
poor orphan boy ; and here, by his own native energy, and 
by that self-reliance, which is ever the surest element of suc- 
cess, he had risen to honorable distinction. 

But because he was a Jerseyman, he was not less an 
American ; he was in truth an American, because he was a 
Jerseyman. What Jerseyman has not been in favor of, and 
cherished the Union, as the palladium of our safety ? Our 
public men may have differed about the expediency of this 
or of that particular measure ; but 1 have yet to learn that 
there is one man to be found among us, who has been ho- 
nored with the confidence of our people, that cherishes any 
any other feeling than love for the Union. Our Union, so 
manifestly the work of God, so essential to our safety ! what 
Jerseyman dare endanger it ? Our glorious flag, the flag of 
the Union ! Where is the heart that does not warm at the 
sight of its united stripes and its clustered stars ? Who does 



k. 



42 

not feel his bosom swell, at the thought that he is an Ame- 
rican citizen ; that he belongs to a land, towards which the 
eyes of the oppressed of all nations are turned, as the land 
of peace and plenty, of virtue and safety ; a land known 
throughout the civilized world, as the land of Franklin and 
Washington, as the land of civil and religious liberty, of just 
and equal rights and of growing prosperity ? These feelings 
were at all times cherished by General Wall, and often ma- 
nifested, up to the last day of his life. As a Senator, he 
gave expression to them, on the question of what disposition 
should be made of the incendiary petitions of abolition dis- 
unionists. He insisted that the right of petition should be 
held inviolate, for the very purpose of disarming and render- 
ing them harmless. Even after his powers were prostrated 
by physical suffering, he took a deep interest in the question 
that was agitating our country, and rejoiced to hear of the 
noble triumph of true patriotism, in the consummation of 
that compromise which gives promise of future tranquillity. 
For this he honored Clay and Webster, although political 
opponents, not less than Cgss and Dickinson and Foote, his 
political friends. It is full of encouragement to us, that in 
those great emergencies which have "tried men's souls," 
there have always been found among our Statesmen, Ame- 
rican patriots, who could forget themselves in their country, 
who could rise above the passions and prejudices of the day, 
and deliver us from threatened dangers. It is to the memo- 
ry of such men, that future generations will delight to do 
honor. 

Upon the expiration of his Senatorial term, his political 
friends were in the minority and he returned to the pursuits 
of his profession, continuing however, to feel a lively inte- 
rest and to take an active part in the politics of the State. 
It was not long, before he was prostrated by disease of such 
a character, as might have been expected, if it did not prove 
immediately fatal, would so affect his physical and his mental 
energies, as to prevent him from attending to business. It 



43 

was indeed a strilcing proof of the indomitable energy of his 
character, that upon his partial recovery, he engaged in 
some important trials, and conducted them with almost his 
wonted skill and ability. He manifested a deep interest in 
the adoption of the new constitution of New Jersey ; and al- 
though not a member of the Convention which prepared it, 
he contributed materially to the success of the measure. He 
took a lively interest in the promotion of learning, and was 
an active member of the Board of Trustees of Burlington 
College. A year or two before his death, he accepted a 
seat in the Court of Errors and Appeals, as one of the six 
Judges, associated in that Court with the Chancellor and the 
Justices of the Supreme Court, and is understood to have 
evinced much legal discrimination in the decision of some of 
the important questions which came before that high tribu- 
nal. But this was only the gleam of the setting sun. In 
the month of November last, his disease assumed a fatal 
character, and terminated his existence. 

I have thus, my brethren, laid before you, an imperfect 
delineation of the life and character of Garret D. Wall ; 
dwelling, as I have loved to do, on his many virtues ; touch- 
ing lightly on his faults, for like the rest of us, he had his 
faults. I have traced him through a life of ordinary vicis- 
situdes, and not prematurely brought to a close, and have 
shown that he was one, who 

-" once trod the ways of glory, 



And sounded ihe depths and shoals of honor." 
But I have been compelled to close the record, with the 
solemn statement, as 'ere long it must be said of each of us, 
he died ! I should be unfaithful to you, unfaithful to the 
profession I make, as one hoping for mercy through a cruci- 
lied Redeemer, if I omitted to beseech you — those who are 
hut commencing their career, buoyant with youthful hopes, 
those who are absorbed with the engrossing cares of an ar- 
duous profession, and those too, whose hairs, like my own, 
are silvered with age— to look forward, to and prepare for. 



44 

this "end of earth," so certain to come before you are aware 
of it ; and to remember that death is not an eternal sleep. 

" O listen man ! 
A voice within us speaks the startling word, 
' Man (hou shait never die !' Celestial voices, 
Hymn it around our souls: according harps, 
By angel fingers touched, when the mild stars 
Of morning sang together, sound forth still 
The song of our great immortality! 
Thick clustering orbs, and this our fair domain, 
The tall dark mountains, and the deep toned seas, 
Join in this solemn universal song. 

O listen ye, our spirits; drink it in 
From all the air ! 'Tis in the gentle moonlight ; 
Is floating in day's setting glories ; Night 
Wrapped in her sable robe, with silent step 
Comes to our bed and breathes it in our ears ; 
Night and the dawn, bright day and thoughtful eve, 
All time, all bounds, the limitless expanse. 
As one great mystic instrument, are touched, 
By an unseen living hand, and conscious chords 
Quiver with joy in this great jubilee. 
The dying hear it, and as sounds of earth, 
Grow dull and distant, wake their passing souls 
To mingle in this heavenly harmony." 



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